Noblejas vs.

Teehankee
GR No 28790
April 29, 1968

Facts:
Petitioner Antonio Noblejas, the Commissioner of Land Registration filed a
petition for writ of prohibition with preliminary injunction against Claudio
Teehankee, the Secretary of Justice, to restrain the latter from investigating
the official actuations of the petitioner, and to declare inoperative his
suspension pending investigation by the other respondent Rafael Salas, the
Executive Secretary. Furthermore, in March 1968, he was investigated by
Teehankee and eventually suspended by Salas based on "funding that a
prima facie case of gross negligence and conduct prejudicial to the public
interest. However, petitioner contends that in accordance to Section 2 of
RA No. 1151, the petitioner is entitled to the same compensation,
emoluments
and privileges as those of a Judge of Court of First Instance thus, can only
be investigated and suspended in the judgement of the Supreme Court.

Issue:
Whether or not Noblejas, as the Commissioner of Land Registration could
only be investigated by the Supreme Court.

Ruling:
No, the grant of privileges of a Judge of First Instance by Section 2 of RA
No. 1151 does not mean that Noblejas can be investigated and suspended
only by the Supreme Court. In accordance to Section 67 of the Judiciary
Act which provides for the investigation, suspension or removal of
Judges, does not apply to Commissioner, for not being a District Judge or
a member of the Judiciary, otherwise, it would become the duty of the
Court to discipline and investigate executive officials, which is of the
President's power. It would be a violation of the fundamental doctrine of
the separation of powers and is therefore null and void. Hence, the
investigation and suspension of Noblejas are neither abuses of discretion
nor acts in excess of jurisdiction. Petition was denied.